New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Dependency

Legal area

Court

4 Oct 2005

POU & ANOR V BRITISH AMERICAN TOBACCO (NZ) LTD & ANOR CA CA199/04

Citation

openlaw-585706b3_50c1_4af3_9253_9a851f48bd07.pdf
Court

Court of Appeal

The Court held that McCarthy v Palmer correctly states New Zealand law that claims under the 1952 Act are confined to pecuniary losses; non‑pecuniary solatium claims for loss of society are not recoverable; however the appellants' pleaded limited pecuniary claims (assistance in caring for and bringing up Kasey's child, gratuitous financial assistance, and provision of necessities such as food and clothing) were legally tenable and the strike‑out of those parts of the s 7 claim was reversed and reinstated.
16 Feb 1998

CBA v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 25
Court

District Court

Although the employment task involved some cannabis smoking and that could contribute to dependence, the appellant failed to prove s7(1)(b) because the property (cannabis consumption) was found to a material extent in his non-employment activities and the evidence showed dependency developed well after undercover duties ceased; therefore the appellant did not establish a compensable personal injury arising out of and in the course of employment and the Review Officer's decision was upheld.